The Corporation of the City of St. Catharines
REGULAR COUNCIL MINUTES
Monday, June 13, 2016
Present:
Absent: | Mayor Walter Sendzik Councillors Sandie Bellows, Mike Britton, Mark Elliott, N. Carlos Garcia, Matt Harris, David A. Haywood, Joseph Kushner, Bill Phillips, Mathew Siscoe (arrived at 9:21 p.m.), Jennifer Stevens, and Bruce Williamson (left at 10:55 p.m.)
Councillor Sal Sorrento |
| |
Officials Present: | Dan Carnegie, Chief Administrative Officer Shelley Chemnitz, Commissioner of Corporate Services Bryan Shynal, Commissioner of Operations Nicole Auty, Director of Legal and Clerks Services/City Solicitor Judy Pihach, Acting Director of Planning and Building Services Kristine Douglas, Director of Financial Management Services Jeanette Pillitteri, Director of Corporate Support Services Dan Dillon, Director of Transportation and Environmental Services Phil Cristi, Acting Director of Parks, Recreation and Culture Services David Wood, Director of Fire and Emergency Management Services Steve Solski, Executive Director of the FirstOntario Performing Arts Centre Bonnie Nistico-Dunk, City Clerk Rebecca Alfieri, Council and Committee Coordinator |
Mayor Sendzik took the chair and called the meeting to order in Council Chambers at 6:31p.m. |
1. | Presentations |
1.1. | Achievement Awards to St. Catharines Rebels Boys U11 Basketball Team, won Gold at the Ontario Basketball Association Provincial Cup, held at Sir Winston High School, St. Catharines on April 8-10, 2016 |
Mayor Sendzik, along with Ann Rudge from the St. Catharines Sports Council, presented Achievement Awards to The St. Catharines Rebels Boys U11 Basketball Team and coaches, in celebration of their Gold win at the Ontario Basketball Association Provincial Cup.
1.2. | Achievement Awards to Laura Secord Secondary School Drumline, won the 2016 Ontario DCI Drumline Championships, held at Wilfred Laurier University, Waterloo, on May 15, 2016 |
Following an instrumental demonstration in Council, Mayor Sendzik, presented Achievement Awards to the Laura Secord Secondary School Drumline, and Director Dave Sisler, in celebration of the Drumline's winning of the 2016 Ontario DCI Drumline Championships. Todd Morgan, student at Laura Secord High School, thanked Mr. Sisler for his excellent work and dedication to the band and the music program at Laura Secord High School.
1.3. | Wynne Nicholson, 2015 Ontario Senior of the Year Award |
Mayor Sendzik, along with Deputy Mayor Phillips on behalf of MPP Jim Bradley, congratulated Ms. Wynne Nicholson on her many accomplishments, and presented Ms. Nicholson with the 2015 Ontario Senior of the Year Award.
2. | Public Meetings Pursuant to Planning Act |
There were none this evening.
3. | Mayor's Report |
The Mayor presented a verbal report on matters of community interest.
4. | Adoption of the Agendas |
At the request of the Mayor, the order of the items was changed for this evening.
• Councillor Haywood requested the addition of a delegation, Karl Vanderkuip, to speak to General Committee Agenda Item 4.7, Canada 150 Community Infrastructure Program - Intake Two - Centennial Gardens and Seymour-Hannah Application
• Councillor Harris requested to defer Council Agenda Item 9.5, Motion regarding Chief Administrative Officer Performance Evaluation Procedure to a time when Councillor Siscoe is present for the discussion
• Mayor Sendzik requested Council recess at 9:00 p.m. to participate in a vigil being held on the steps of City Hall by the LGBTQ community for those who lost their lives in Orlando, USA, shooting.
Seconded By: Councillor Bellows
That Council adopt the agendas for the meeting of June 13, 2016, as amended.
Carried
5. | Declarations of Interest |
There were none.
6. | Adoption of the Minutes (Council and General Committee) |
6.1. |
Seconded By: Councillor Elliott
That Council adopt the minutes of the Regular meeting of Council held on Monday, May 30, 2016.
Carried
6.2. |
Seconded By: Councillor Elliott
That Council adopt the minutes of the General Committee meeting held on Monday, May 30, 2016.
Carried
7. | Delegations |
7.1. | Jennifer Masonovich Re: Changes to Ontario's Autism Program (see Council Agenda, June 13, 2016, Item No. 9.2) |
Jennifer Masonovich addressed Council to solicit their support for the resolution regarding Changes to Ontario's Autism Program, that is on tonight's agenda. She stated that Intensive Behaviour Intervention (IBI) is a major part of therapy required for children with Autism regardless of their age. Ms. Masonovich answered questions from Council.
Seconded By: Councillor Elliott
That Council receive and refer the presentation by Jennifer Masonovich regarding Changes to Ontario's Autism Program to Council for consideration later this evening (see Council Agenda, June 13, 2016, Item No. 9.1).
Motion to Refer Carried
7.2. | Venette Gerden Re: Changes to Ontario's Autism Program (see Council Agenda, June 13, 2016, Item No. 9.2) |
Venette Gerden addressed Council to request the City to support the resolution regarding Changes to Ontario's Autism Program. Ms. Gerden explained to Council her day to day experiences with a child with severe Autism, and how Intensive Behavioural Intervention (IBI) is very important in the treatment of children with Autism. Ms. Gerden answered questions from Council.
Seconded By: Councillor Phillips
That Council receive and refer the presentation by Venette Gerden regarding Changes to Ontario's Autism Program to Council for consideration later this evening (see Council Agenda, June 13, 2016, Item No. 9.1).
Motion to Refer Carried
7.3. | Karl Vanderkuip, President of St. Catharines Disc Golf Club Re: Canada 150 Community Infrastructure Program – Intake Two – Centennial Gardens and Seymour-Hannah Applications (See General Committee Agenda, June 13, 2016, Item No. 4.7) |
Karl Vanderkuip addressed Council regarding the Disc Golf Course in Centennial Gardens. Mr. Vanderkuip explained to Council the work, and clean up that the St. Catharines Disc Golf Club have done in Centennial Gardens, and requested that the City look at the feasibility of adding the enhancements he presented in his Powerpoint presentation to the application for the Canada 150 Community Infrastructure Program - Intake Two application for Centennial Gardens. Mr. Vanderkuip answered questions from Council.
Seconded By: Councillor Elliott
That Council receive and refer the presentation by Karl Vanderkuip regarding Canada 150 Community Infrastructure Program - Intake Two - Centennial Gardens and Seymour-Hannah Application to General Committee for consideration later this evening (see General Committee, June 13, 2016, Item No. 4.7).
Motion to Refer Carried
8. | Call for Notices of Motion |
8.1. | Support for Expansion of Customs Pre-Clearance Locations in Canada |
Councillor Britton advised that he would present a motion at the meeting of June 27, 2016, regarding support for the expansion of customs pre-clearance locations in Canada.
9. | Motions |
9.1. | Changes to Ontario’s Autism Program |
• Councillor Williamson declared a Conflict of Interest (Pecuniary) prior to the reading of the motion, stating he is an educator, and his employment contract is largely negotiated by the Province of Ontario. Councillor Williamson left the room for the reading and discussion of the motion.
(At the meeting of May 16, 2016, Councillor Britton provided notice that he would put the following motion on the floor for discussion at the meeting of June 13, 2016)
Seconded By: Councillor Harris
WHEREAS, Autism Spectrum Disorder is now recognized as the most common neurological disorder affecting 1 in every 68 children, as well as their friends, family and community; and
WHEREAS, Applied Behaviour Analysis (ABA) is the scientific process based on objective evaluation and empirically based interventions used to achieve meaningful, generalizable and enduring behavioural change. Intensive Behavioural Intervention (IBI) is an application of the principles of ABA in an intensive setting used to affect behaviour change and improvement; and
WHEREAS, the current waiting list of children for Intensive Behaviour Intervention (IBI) is over 2,000 and more than 13,000 children await Applied Behaviour Analysis (ABA); and
WHEREAS, the Province of Ontario has announced it intends to discontinue IBI services to children over the age of four and provide a one-time payment to assist with services, thereby abandoning thousands who have been wait-listed for years; and
WHEREAS, there are two service models for affected children to be treated, 1) the Direct Service Offering (DSO) where children receive services directly from trained staff at Ontario's nine regional service providers, and 2) the Direct Funding Offering (DFO) where parents receive funding directly in order to purchase services; and
WHEREAS, the DFO model to provide services is used in Alberta, British Columbia and imminently Saskatchewan. Such a model is clinically rigorous and has been identified by the Auditor General of Ontario as being less expensive than Ontario's DSO model;
THEREFORE, be it resolved that a letter be sent to Hon. Michael Coteau, Minister of Children and Youth Services; Alexander Bezzina, Deputy Minister; Hon. Eric Hoskins, Minister of Health; and Hon. Kathleen Wynne, Premier of Ontario, MPP Jim Bradley, MPP Cindy Foster, and local municipalities, requesting the Province to:
1. Amend its policy to one that will allow all children on the current waiting list to receive the IBI services promised them; and
2. Remove the age limit for IBI therapy and replace it with a program that provides ongoing IBI services based on need and individual development, not age; and
3. Ensure oversight by professionals and parents based on 'development progress' criteria and milestones; and
Adopt a Direct Funding Offering (DFO) model in lieu of the current Direct Service Offering (DSO) model. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Stevens, and Mayor Sendzik
Nays:
Carried as Amended
9.2. | Amendment to Procedural By-law 2015-170 - Extending Curfew |
Seconded By: Councillor Haywood
WHEREAS City Council’s procedural rules state that Council has a 10:30 p.m. curfew;
WHEREAS City Council meetings have been going beyond 10:30 p.m.;
THEREFORE, be It resolved that By-law 2015-170, a By-law to regulate the proceedings of Council, be amended to extend the curfew to 11:00 p.m.; and
BE it further resolved that the City Solicitor be directed to prepare the necessary by-law. FORTHWITH
Yeas: Councillors Britton, Haywood, Phillips, and Mayor Sendzik
Nays: Councillors Bellows, Elliott, Garcia, Kushner, Stevens, and Williamson
Lost
9.3. | Event of Municipal Significance - St. Catharines Wingfest |
Seconded By: Councillor Harris
That Council of the City of St. Catharines declare the St. Catharines Wingfest, to be held August 13-14, 2016, to be an event of municipal significance with respect to obtaining liquor permits in accordance with the Alcohol and Gaming Commission of Ontario requirements; and
That the Office of the City Clerk make the necessary notifications. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Haywood, Kushner, Phillips, Stevens, and Mayor Sendzik
Nays: Councillor Williamson
Carried
9.4. | Plan B Beer Works Application for Manufacturer’s Limited Liquor Sales Licence |
Seconded By: Councillor Phillips
That the Council of the City of St. Catharines supports the application of Plan B Beer Works, located at 170-174 St. Paul Street, St. Catharines to sell and serve beer for consumption by patrons at its manufacturing site. FORTHWITH
Yeas: Councillors Bellows, Britton, Elliott, Garcia, Harris, Haywood, Kushner, Phillips, Stevens, Williamson, and Mayor Sendzik
Nays:
Carried
9.5. | Chief Administrative Officer Performance Evaluation Procedure |
WHEREAS, the Chief Administrative Officer is the sole direct report to the entire St. Catharines City Council;
AND WHEREAS, the Chief Administrative Officer is responsible for implementing Council’s direction and Strategic Plan;
NOW THEREFORE BE IT RESOLVED THAT, St. Catharines City Council direct the Director of Corporate Support Services to develop a process, for Council’s consideration and final approval, to review the Chief Administrative Officer’s performance on an annual basis; and
THAT, Councillors each provide confidential feedback, as desired, directly to the Director of Corporate Support Services; and
THAT, a consolidated confidential report of this feedback be provided to City Council for review and consideration; and
THAT, further decisions made pursuant to the Chief Administrative Officer's employment contract be made by a majority of Council. FORTHWITH
That Council defer the motion respecting the Chief Administrative Officer Performance Evaluation Procedure to the next meeting in order for Councillor Siscoe to be present for the discussion.
Motion to Defer Carried
10. | Resolve into General Committee |
Council recessed at 8:19 p.m. and General Committee convened. General Committee adjourned at 11:29 p.m. and City Council reconvened.
11. | Motion Arising from In-Camera Session |
11.1. | In-Camera Agenda Item 2.1 |
Verbal - Pursuant to By-law 2015-170, Section B20.3(b), Personal Matters about an Identifiable Individual, including Municipal or Local Board Employees
Seconded By: Councillor Elliott
That Council does now reconvene from the In-Camera session; and
That Council receive the In-Camera verbal report regarding personal matters about an identifiable individual, including municipal or local board employees. FORTHWITH
Vote was taken by show of hands.
Carried
11.2. | In-Camera Agenda Item 2.2 |
Financial Management Services, Property Management
Property Matter - Acquisition, Realty File No. 03-13
Moved By: Councillor Kushner
Seconded By: Councillor Elliott
That Council authorize a licence agreement to Annissa Giesbrecht with respect to operation of a Hawker Peddler cart at Lester B. Pearson Park; and
That the City Solicitor be directed to prepare the necessary documents and by-law. FORTHWITH
Vote was taken by show of hands.
Carried
11.3. | In-Camera Agenda Item 2.3 |
Financial Management Services, Property Management
Property Matter - Acquisition, Realty File No. 16-014
Seconded By: Councillor Elliott
That Council authorize a licence agreement with Paul Vok, operating as "Voks Den", with respect to operation of a chip wagon on 540 Eastchester Avenue; and
That the City Solicitor be directed to prepare the necessary documents and by-laws. FORTHWITH
Vote was taken by show of hands.
Carried
12. | Motion to Ratify Forthwith Recommendations |
Seconded By: Councillor Elliott
That Council adopt those items approved FORTHWITH by the General Committee on Monday, May 16, 2016.
Carried
13. | By-laws |
13.1. | Reading of the By-laws |
Seconded By: Councillor Kushner
By-law No. 2016-144 A By-law to authorize the execution of resolutions passed at the annual shareholder meeting of St. Catharines Hydro Inc. (One reading – with respect to the annual shareholder meeting of St. Catharines Hydro Inc. of May 30, 2016.) File: 35.60.19
By-law No. 2016-145 A By-law to authorize the acceptance of a conveyance of certain lands from The Beaches at Port Inc. (One reading – with respect to conveyance of lands below top-of-bank (Lake Ontario) as a condition of SPA pertaining to 6 and 10 Dalhousie Avenue. Delegation By-law No. 2004-277, as amended.) File: 16.7.99
By-law No. 2016-146 A By-law to authorize the acceptance of a conveyance of certain lands from Grant Terrance McArthur and Stefano Dipietro for the widening of Pine Street. (One reading – with respect to 22 Pine Street. Delegation By-law No. 2004-277, as amended.) File: 16.7.10
By-law No. 2016-147 A By-law to authorize the acceptance of a conveyance of certain lands from Jerry Della Vecchia and Nancy Della Vecchia for the widening of Lincoln Avenue. (One reading – with respect to 30-32 Lincoln Avenue. Delegation By-law No. 2004-277, as amended.) File: 16.7.10
By-law No. 2016-148 A By-law to provide for the adoption of an amendment to the Official Plan of St. Catharines. (One reading – with respect to minor housekeeping revisions, and to reinstate land use permissions for the property known municipally as 300/302 Lake Street. Council, May 30, 2016, Item No. 2.1.) File: 60.35.11 Vol. D, 60.30.326
By-law No. 2016-149 A By-law to amend By-law No. 2013-283 entitled “A By-law to regulate the use of land, the bulk, height, location, erection and use of buildings and structures, the provision of parking spaces and other associated matters in the City of St. Catharines.” (One reading – with respect to minor housekeeping revisions, and to reinstate land use permissions for the property known municipally as 300/302 Lake Street. Council, May 30, 2016, Item No. 2.1.) File: 60.35.11 Vol. D, 60.30.326
By-law No. 2016-150 A By-law to amend By-law No. 2012-154 entitled “A By-law to regulate the erection of signs and other advertising devices in the City of St. Catharines.” (One reading – with respect to minor housekeeping revisions, and provision for home based business signs. Council, May 30, 2016, Item No. 2.1.) File: 56.2.5, 60.81.1
By-law No. 2016-151 A By-law to amend By-law No. 2009-154 entitled “A By-law dealing with the operation of the St. Catharines Museum at the Welland Canals Centre.” (One reading – with respect to implementation of St. Catharines Museum and Welland Canals Centre Strategic Plan 2015-2020. General Committee, December 14, 2015, Item No. 3.4.) File: 68.32.1, 68.32.151
By-law No. 2016-152 A By-law to designate the property at 61 Lakeshore Road (formerly 57 Lakeshore Road) to be of cultural heritage value or interest. (One reading – with respect to 61 Lakeshore Road. General Committee, November 4, 2013, Item No. 3.3.) File: 10.64.183
By-law No. 2016-153 A By-law to authorize a contract with ERP Connex Inc. (One reading – with respect to UNIT 4 Business Software for a Payroll and Human Resources Information System (HRIS). General Committee, June 13, 2016, Item 3.2.) File: 10.10.99
By-law No. 2016-154 A By-law to authorize a contract with O’Hara Trucking & Excavating Inc. (One reading – with respect to replacement of watermain and storm sewers on Ontario Street, between Lake Street and Welland Avenue, under Project No. P15-001. General Committee, June 13, 2016, Item 3.6.) File: 18.20.202
By-law No. 2016-155 A By-law to authorize a contract with Niagara Artist Centre. (One reading – with respect to the Film House Programming Service at the FirstOntario Performing Arts Centre. General Committee, June 13, 2016, Item 4.6.)File: 68.32.152
By-law No. 2016-156 A By-law to confirm the proceedings of council at its meeting held on the 13th day of June, 2016. (One reading – with respect to confirming the proceedings of the meeting held on June 13, 2016, and the Minutes of the Annual Shareholder Meeting of St. Catharines Hydro Inc. held on the 30th day of May, 2016.) FIle: 10.12.1
Carried
13.2. | Reading of Additional By-laws |
Seconded By: Councillor Kushner
That the following additional by-laws be read a first time, considered and passed; and
That it be signed and executed by the Mayor and the City Clerk.
By-law No. 2016-157 A By-law to authorize a Licence Agreement with Paul Vok, operating as “Voks Den”. (One reading – with respect to operation of a chip wagon on 540 Eastchester Avenue. General Committee, June 13, 2016, Item 11.2.)File: 16.19.99
By-law No. 2016-158 A By-law to authorize a Licence Agreement with Annissa Giesbrecht. (One reading – with respect to operation of a Hawker Peddler cart at Lester B. Pearson Park. General Committee, June 13, 2016, Item 11.3.) File: 16.19.99
Carried
14. | Agencies, Boards, Committee Reports |
14.1. | Minutes to Receive: • Canada's 150 Anniversary Task Force, April 7, 2016 • Arts and Culture Advisory Committee, May 3, 2016 • Master Fire Planning Committee, June 2, 2016 |
Seconded By: Councillor Bellows
That Council receive and file the minutes of the Advisory Committees of Council, as presented.
Carried
15. | Adjournment |
Seconded By: Councillor Haywood
There being no further items of business, this meeting be adjourned at 11:35 p.m.
Carried
Certified Correct:Confirmed by:
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City ClerkMayor